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[myanmar] Drafting Of A New Constit



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At 07:42 AM 8/23/00 +0000, U Tun Lin wrote (in myanmar@xxxxxxxxxxx):


>"...Today 10 parties still exist legally and are involved in the drafting 
>of the new national constitution..."

Does this mean that the National Convention has completed its task of 
"laying down the basic principles for the drafting of a firm and stable 
Constitution" (SLORC Declaration 11/92 para 1 (c) ), and that the 
Constituent Assembly is now in session? If so, I am surprised that there 
has been so little publicity regarding this development.

As U Tun Lin implies, the National Convention was not intended to be a 
constituent assembly. Declaration 1/90 of 27 July 1990 states (in para 20) 
that: "...the representatives elected by the people are those who have the 
responsibility to draw up the constitution of the future democratic 
State..."  while the National Convention is made up of 700 or so 
individuals of whom only a small proportion are elected representatives 
(about 3% of current members, I believe).

These remarks do not, of course, suggest that the junta has any 
constitutional authority of any kind. With regard to the National 
Convention in particular, I would go along with the Inter-Parliamentary 
Union (the leading institutional authority on parliaments and 
constitutions) when it states that "the National Convention convened by 
SLORC on 9 January 1993 is designed to prolong and legitimize military rule 
against  the will of people as expressed in the 1990 elections, and thus 
violates the  principle established in the Universal Declaration of Human 
Rights that the ' will of the people shall be the basis of the authority of 
government' "  (Inter-Parliamentary Council, Beijing, 1996).

David Arnott


DOCUMENTS


         State LORC Declaration No. 1/90 of July 27, 1990 [Full text]:

         1. Myanmar Naing-Ngan became an independent and sovereign nation 
on 4th January, 1948.
         2. The situation in the whole of the country deteriorated because 
of the disturbances during 1988. The Tatmadaw took over State Power in 
order to correct the deteriorating situation in time and in the interests 
of the people. The Tatmadaw abolished all the Organs of State Power 
including the Pyithu Hluttaw, formed the State Law and Order Restoration 
Council [SLORC], declared that it would carry out the four main tasks and 
undertook the responsibility of all the affairs of the State.
         3. The [SLORC] issued laws, notifications, declarations and orders 
which have the force of law, required for effectively ensuring prevalence 
of law and order, the rule of law and peace and tranquillity throughout the 
country.
         4. In order to ease the food, clothing and shelter problems of the 
people and to enable private, co-operative and joint venture businesses to 
be undertaken, the [SLORC] has repealed the restrictive laws and has issued 
necessary laws, orders, directives and orders which have the force of law. 
Moreover, it is carrying out measures which should be undertaken with a 
view to serving the long-term interests of the State.
         5. The [SLORC] is carrying out measures which should be undertaken 
in order to ensure safe and smooth transportation and communications and to 
improve the same.
         6. The [SLORC] (Tatmadaw) is not an organization that observes any 
constitution; it is an organization that is governing the nation by Martial 
Law. It is common knowledge that the [SLORC] is governing the nation as a 
military government and that it is a government that has been accepted as 
such by the United Nations and the respective nations of the world.
         7. As regards international relations, the [SLORC] has declared 
that it will pursue an independent and active foreign policy and has 
friendly relations with the respective nations of the world. With a view to 
promoting better diplomatic relations with the respective nations the 
Government has not closed down any embassy in Myanmar Naing-Ngan but has 
allowed them to continue to operate; neither has it withdrawn Myanmar 
embassies from foreign countries, but has continued to keep them open and 
maintains normal relations with the respective nations. Furthermore, the 
Government has even opened an embassy in a country in which there was no 
Myanmar embassy previously.
         8. Myanmar Naing-Ngan being a member of the United Nations, the 
Myanmar Embassy to the United Nations strictly pursues the foreign policy 
of Myanmar Naing-Ngan in international matters and in performing its duties 
concerning the United Nations, Myanmar Naing-Ngan abides by the principles 
of peaceful co-existence in its relations with other nations. Moreover, 
Myanmar Naing-Ngan defends and safeguards its independence and deals with 
other nations' interference in its internal affairs in accorance with the 
provisions of the United Nations Charter.
         9. In order to avoid disruption and severence of relations between 
Myanmar Naing-Ngan and other nations, the Government magnanimously has time 
and again told some diplomats who have violated their diplomatic code of 
conduct not to interfere in its internal affairs without mentioning their 
names and the nations to which they belong. Furthermore, it has informed 
the matters to the embassies concerned through diplomatic channels. As it 
has been able to avoid matters that may cause disruption of relations 
between nations and governments by doing so, there has not arisen any 
problem. Misunderstandings due to the activities of some diplomats have 
been cleared with magnanimity, through diplomatic channels.
         10. The [SLORC] (Tatmadaw) has been persistently carrying out the 
three main tasks--that of preventing disintegration of the Union, 
preventing disintegration of national solidarity and that of ensuring 
perpetuity of the sovereignty of the State from the time it has assumed the 
duties and responsibilities of the State. Everybody is aware that on the 
other hand it has launched major offensives and crushed all sorts of armed 
insurgents, sacrificing the lives, blood and sweat of many members of the 
Tatmadaw. Since the Tatmadaw is not a political organization, it did not 
hold negotiations with the insurgents by political means. However, it 
welcomes all those who have renounced the programme of armed struggle and 
returned to the legal fold and a body formed by it is carrying out 
resettlement work for them. Since the [SLORC] is not a political 
government, it has no reason at all to negotiate by political means with 
any armed insurgent organization.
         11. In order to enable the Multi-Party Democracy General Election 
to be held, the [SLORC] enacted the Multi-Party Democracy General Election 
Commission and formed the Multi-Party Democracy General Election 
Commission. It also enacted the Political Parties Registration law to 
enable political parties wishing to stand for the election to get 
themselves registered. Moreover, in order to hold a free and fair 
multi-party democracy general election, it enacted the Pyithu Hluttaw 
Election Law.
         12. Section 3 of the Pyithu Hluttaw Election Law provides 
that--"The Hluttaw shall be constituted with the representatives elected 
from the constituencies in accordance with this law." The [SLORC] will take 
measures for summoning the Hluttaw in accordance with this provision. The 
Information Committee has, from time to time explained that the Multi-Party 
Democracy General Election Commission, the parties which won seats in the 
election and the elected representatives should carry out measures which 
should be carried out in accordance with the law and rules.
         13. Today, after the Multi-Party Democracy General Election has 
been held, matters relating to summoning the Hluttaw and transfer of power 
are being discussed in bulletins and pamphlets published; guidelines in 
respect thereof are being given and incitements and instigations are being 
undertaken by foreign broadcasting stations and illegal pamphlets and 
leaflets are being distributed.
         14. The matter of summoning the Hluttaw has been explained 
earlier. The Chairman of the [SLORC] has explained matters relating to 
transfer of power in the addresses he has made from time to time in his 
meeting with the Command Commanders, Commanders of Light Infantry Divisions 
and Chairmen of the State/ Division Law and Order Restoration Councils. The 
Secretary-1 of the [SLORC] explicitly dealt with this matter at the 100th 
Press Conference held on 13th July, 1990.
         15. There will be no necessity to clarify the fact that a 
political party cannot automatically get the three aspects of State 
Power--the legislative power, the executive power and the judicial 
power--just because a Pyithu Hluttaw has come into being and that they can 
only be obtained on the basis of a constitution. The Constitution of 1947 
was accepted and approved by the Constituent Assembly on 24th September, 
1947. However, it can clearly be seen from the legal aspect that that 
constitution came into force only on 4th January 1948 when Myanmar 
Naing-Ngan was declared an independent and sovereign State. There are two 
types of constitutions for a nation--one drawn up before the nation becomes 
independent and the other drawn up after the nation has become independent. 
The tradition followed by the respective nations which have attained 
independence is that they held constituent assemblies and drew up the 
constitutions only after they have acquired sovereign power. However, in 
Myanmar Naing-Ngan independence was declared only after the Constituent 
Assembly had drawn up the constitution. It is clear that this was due to 
the fact that the leaders of the nation in those days wanted to obtain 
independence from the British by peaceful means as early as possible.
         16. The Constitution of 1974 was drawn up after the nation's 
independence had been gained and no one can deny the fact that it was a 
constitution promulgated through a national referendum.
         17. It is necessary to note particularly the difference in that 
the Constitution of 1947 was drawn up before the independence of the nation 
was attained and that the Constitution of 1974 was drawn up after the 
independence of the nation had been attained.
         18. It can be seen from the statements issued that the desire of 
the majority of the political parties which contested in the Multi-Party 
Democracy General Election is to draw up a new constitution. It will be 
seen that when the Constitution of 1947 was drawn up, matters concerning 
the national races were discussed only with the Shan, Kachin and Chin 
nationals at the Panglong Conference and that they were not discussed with 
the Mon and Rakhine nationals. Today, in Myanmar Naing-Ngan there are many 
national races who have awakened politically and it is obvious that it is 
especially necessary to draw up a firm constitution after soliciting their 
wishes and views.
         19. As the [SLORC] is a military government, it exercises Martial 
Law. As such is exercises the following three aspects of State Power in 
governing Myanmar Naing-Ngan:
                 (a) Legislative power: Only the [SLORC] has the right to 
exercise it.
                 (b) Executive power: The [SLORC] has the right to exercise 
it. However, it has delegated this power to the Government, State/Division, 
Township Zone, Township and Ward/Village-tract Law and Order Restoration 
Councils at different levels and has caused administrative work to be 
carried out through collective leadership. This is a form of giving 
training to the service personnel so that they will be able to perform, by 
keeping themselves free from party politics their departmental work under 
the government that will come into being according to the constitution.
                 (c) Judicial power: The [SLORC] has the right to exercise 
it. However, the Government has formed courts at various levels to 
adjudicate on ordinary criminal and civil cases so that they will have 
practical training when a constitution comes into being.
         20. Consequently under the present circumstances, the 
representatives elected by the people are those who have the responsibility 
to draw up the constitution of the future democratic State.
         21. It is hereby declared that the [SLORC] will in no way accept 
the drawing up of a temporary constitution for forming a government to take 
over State Power and that it will take effective action if it is done so, 
and that in the interim period before a government is formed in accordance 
with a new firm constitution drawn up according to the desires and 
aspirations of the people, the [SLORC] (Tatmadaw) will defend and safeguard--
                 (a) the three main causes--such as the non-disintegration 
of the Union, non-disintegration of national solidarity and ensuring 
perpetuity of the sovereignty;
                 (b) of the four main tasks mentioned in the [SLORC] 
Declaration No 1/88 such as the prevalence of law and order, the rule of 
law, regional peace and tranquillity, ensuring safe and smooth 
transportation and communication, easing the food, clothing and shelter 
problems of the people and holding Multi-Party Democracy General Election, 
the first three main tasks (with the exception of the task of holding the 
multi-party democracy general election) and
                 (c) the task of bringing about the development of the 
national races of Myanmar Naing-Ngan.
                                 By order,
                           Sd. Khin Nyunt
                                 Secretary-1
                 The State Law and Order Restoration Council

  (The Working People's Daily, 29 July 1990)

***********************


SLORC Declaration No. 11/92 of Apr. 24, 1992

Convening of the National Convention

         1. It is hereby declared that the [SLORC], depending on the 
general situation of the country, will presently carry out the following 
measures:
           (a) Of the persons arrested and detained politically, those for 
whom there are no reasons to endanger the security of the State, will be 
released promptly;
           (b)  It accordance with the [SLORC] Declaration No 1/90, dated 
the 27th July, 1990, the [SLORC] will, in respect of the convening of the 
National Convention, meet and co-ordinate, within two months, with the 
leaders of the Hluttaw Representatives of political parties existing 
lawfully and individual Hluttaw Representatives;
           (c) The [SLORC] will convene the National Convention within six 
months in order to lay down the basic principles for the drafting of a firm 
and stable Constitution, after meeting and co-ordinating as mentioned in 
sub-clause (b) above;
         2. The [SLORC] will declare further future programmes in 
accordance with the basic principles laid down at the National Convention.

         By Order, (Sd) Khin Nyunt....
 .c.:Gen. Than Shwe Comm.-in-Chief

  (The Working People's Daily, 25 April 1992) 
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At 07:42 AM 8/23/00 +0000, U Tun Lin wrote (in=20
myanmar@xxxxxxxxxxx):<br>
<br>
<br>
<blockquote type=3Dcite cite>&quot;...Today 10 parties still exist legally
and are involved in the drafting of the new national
constitution...&quot;</blockquote><br>
Does this mean that the National Convention has completed its task of
&quot;laying down the basic principles for the drafting of a firm and
stable Constitution&quot; (SLORC Declaration 11/92 para 1 (c) ), and that
the Constituent Assembly is now in session? If so, I am surprised that
there has been so little publicity regarding this development. <br>
<br>
As U Tun Lin implies, the National Convention was not intended to be a
constituent assembly. Declaration 1/90  of 27 July 1990 states (in para
20) that: &quot;...the representatives elected by the people are those
who have the responsibility to draw up the constitution of the future
democratic State...&quot;&nbsp; while the National Convention is made up
of 700 or so individuals of whom only a small proportion are elected
representatives (about 3% of current members, I believe).<br>
<br>
These remarks do not, of course, suggest that the junta has any
constitutional authority of any kind. With regard to the National
Convention in particular, I would go along with the Inter-Parliamentary
Union (the leading institutional authority on parliaments and
constitutions) when it states that  &quot;the National Convention
convened by SLORC on 9 January 1993 is designed to prolong and legitimize
military rule against&nbsp; the will of people as expressed in the 1990
elections, and thus violates the&nbsp; principle established in the
Universal Declaration of Human Rights that the ' will of the people shall
be the basis of the authority of government' &quot;<i>&nbsp;
</i>(Inter-Parliamentary Council, Beijing, 1996). <br>
<br>
David Arnott<br>
<br>
<br>
<font face=3D"Courier, Courier"><b>DOCUMENTS<br>
<br>
<br>
</b><x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><b>State
LORC Declaration No. 1/90 of July 27, 1990</b> [Full text]: <br>
<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>1. Myanmar
Naing-Ngan became an independent and sovereign nation on 4th January,
1948.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>2. The
situation in the whole of the country deteriorated because of the
disturbances during 1988. The Tatmadaw took over State Power in order to
correct the deteriorating situation in time and in the interests of the
people. The Tatmadaw abolished all the Organs of State Power including
the Pyithu Hluttaw, formed the State Law and Order Restoration Council
[SLORC], declared that it would carry out the four main tasks and
undertook the responsibility of all the affairs of the State.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>3. The
[SLORC] issued laws, notifications, declarations and orders which have
the force of law, required for effectively ensuring prevalence of law and
order, the rule of law and peace and tranquillity throughout the
country.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>4. In
order to ease the food, clothing and shelter problems of the people and
to enable private, co-operative and joint venture businesses to be
undertaken, the [SLORC] has repealed the restrictive laws and has issued
necessary laws, orders, directives and orders which have the force of
law. Moreover, it is carrying out measures which should be undertaken
with a view to serving the long-term interests of the State.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>5. The
[SLORC] is carrying out measures which should be undertaken in order to
ensure safe and smooth transportation and communications and to improve
the same.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>6. The
[SLORC] (Tatmadaw) is not an organization that observes any constitution;
it is an organization that is governing the nation by Martial Law. It is
common knowledge that the [SLORC] is governing the nation as a military
government and that it is a government that has been accepted as such by
the United Nations and the respective nations of the world.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>7. As
regards international relations, the [SLORC] has declared that it will
pursue an independent and active foreign policy and has friendly
relations with the respective nations of the world. With a view to
promoting better diplomatic relations with the respective nations the
Government has not closed down any embassy in Myanmar Naing-Ngan but has
allowed them to continue to operate; neither has it withdrawn Myanmar
embassies from foreign countries, but has continued to keep them open and
maintains normal relations with the respective nations. Furthermore, the
Government has even opened an embassy in a country in which there was no
Myanmar embassy previously.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>8. Myanmar
Naing-Ngan being a member of the United Nations, the Myanmar Embassy to
the United Nations strictly pursues the foreign policy of Myanmar
Naing-Ngan in international matters and in performing its duties
concerning the United Nations, Myanmar Naing-Ngan abides by the
principles of peaceful co-existence in its relations with other nations.
Moreover, Myanmar Naing-Ngan defends and safeguards its independence and
deals with other nations' interference in its internal affairs in
accorance with the provisions of the United Nations Charter.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>9. In
order to avoid disruption and severence of relations between Myanmar
Naing-Ngan and other nations, the Government magnanimously has time and
again told some diplomats who have violated their diplomatic code of
conduct not to interfere in its internal affairs without mentioning their
names and the nations to which they belong. Furthermore, it has informed
the matters to the embassies concerned through diplomatic channels. As it
has been able to avoid matters that may cause disruption of relations
between nations and governments by doing so, there has not arisen any
problem. Misunderstandings due to the activities of some diplomats have
been cleared with magnanimity, through diplomatic channels.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>10. The
[SLORC] (Tatmadaw) has been persistently carrying out the three main
tasks--that of preventing disintegration of the Union, preventing
disintegration of national solidarity and that of ensuring perpetuity of
the sovereignty of the State from the time it has assumed the duties and
responsibilities of the State. Everybody is aware that on the other hand
it has launched major offensives and crushed all sorts of armed
insurgents, sacrificing the lives, blood and sweat of many members of the
Tatmadaw. Since the Tatmadaw is not a political organization, it did not
hold negotiations with the insurgents by political means. However, it
welcomes all those who have renounced the programme of armed struggle and
returned to the legal fold and a body formed by it is carrying out
resettlement work for them. Since the [SLORC] is not a political
government, it has no reason at all to negotiate by political means with
any armed insurgent organization.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>11. In
order to enable the Multi-Party Democracy General Election to be held,
the [SLORC] enacted the Multi-Party Democracy General Election Commission
and formed the Multi-Party Democracy General Election Commission. It also
enacted the Political Parties Registration law to enable political
parties wishing to stand for the election to get themselves registered.
Moreover, in order to hold a free and fair multi-party democracy general
election, it enacted the Pyithu Hluttaw Election Law.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>12.
Section 3 of the Pyithu Hluttaw Election Law provides that--&quot;The
Hluttaw shall be constituted with the representatives elected from the
constituencies in accordance with this law.&quot; The [SLORC] will take
measures for summoning the Hluttaw in accordance with this provision. The
Information Committee has, from time to time explained that the
Multi-Party Democracy General Election Commission, the parties which won
seats in the election and the elected representatives should carry out
measures which should be carried out in accordance with the law and
rules.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>13. Today,
after the Multi-Party Democracy General Election has been held, matters
relating to summoning the Hluttaw and transfer of power are being
discussed in bulletins and pamphlets published; guidelines in respect
thereof are being given and incitements and instigations are being
undertaken by foreign broadcasting stations and illegal pamphlets and
leaflets are being distributed.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>14. The
matter of summoning the Hluttaw has been explained earlier. The Chairman
of the [SLORC] has explained matters relating to transfer of power in the
addresses he has made from time to time in his meeting with the Command
Commanders, Commanders of Light Infantry Divisions and Chairmen of the
State/ Division Law and Order Restoration Councils. The Secretary-1 of
the [SLORC] explicitly dealt with this matter at the 100th Press
Conference held on 13th July, 1990.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>15. There
will be no necessity to clarify the fact that a political party cannot
automatically get the three aspects of State Power--the legislative
power, the executive power and the judicial power--just because a Pyithu
Hluttaw has come into being and that they can only be obtained on the
basis of a constitution. The Constitution of 1947 was accepted and
approved by the Constituent Assembly on 24th September, 1947. However, it
can clearly be seen from the legal aspect that that constitution came
into force only on 4th January 1948 when Myanmar Naing-Ngan was declared
an independent and sovereign State. There are two types of constitutions
for a nation--one drawn up before the nation becomes independent and the
other drawn up after the nation has become independent. The tradition
followed by the respective nations which have attained independence is
that they held constituent assemblies and drew up the constitutions only
after they have acquired sovereign power. However, in Myanmar Naing-Ngan
independence was declared only after the Constituent Assembly had drawn
up the constitution. It is clear that this was due to the fact that the
leaders of the nation in those days wanted to obtain independence from
the British by peaceful means as early as possible.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>16. The
Constitution of 1974 was drawn up after the nation's independence had
been gained and no one can deny the fact that it was a constitution
promulgated through a national referendum.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>17. It is
necessary to note particularly the difference in that the Constitution of
1947 was drawn up before the independence of the nation was attained and
that the Constitution of 1974 was drawn up after the independence of the
nation had been attained.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>18. It can
be seen from the statements issued that the desire of the majority of the
political parties which contested in the Multi-Party Democracy General
Election is to draw up a new constitution. It will be seen that when the
Constitution of 1947 was drawn up, matters concerning the national races
were discussed only with the Shan, Kachin and Chin nationals at the
Panglong Conference and that they were not discussed with the Mon and
Rakhine nationals. Today, in Myanmar Naing-Ngan there are many national
races who have awakened politically and it is obvious that it is
especially necessary to draw up a firm constitution after soliciting
their wishes and views.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>19. As the
[SLORC] is a military government, it exercises Martial Law. As such is
exercises the following three aspects of State Power in governing Myanmar
Naing-Ngan:<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(a)
Legislative power: Only the [SLORC] has the right to exercise it.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(b)
Executive power: The [SLORC] has the right to exercise it. However, it
has delegated this power to the Government, State/Division, Township
Zone, Township and Ward/Village-tract Law and Order Restoration Councils
at different levels and has caused administrative work to be carried out
through collective leadership. This is a form of giving training to the
service personnel so that they will be able to perform, by keeping
themselves free from party politics their departmental work under the
government that will come into being according to the constitution.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(c)
Judicial power: The [SLORC] has the right to exercise it. However, the
Government has formed courts at various levels to adjudicate on ordinary
criminal and civil cases so that they will have practical training when a
constitution comes into being.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>20.
Consequently under the present circumstances, the representatives elected
by the people are those who have the responsibility to draw up the
constitution of the future democratic State.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>21. It is
hereby declared that the [SLORC] will in no way accept the drawing up of
a temporary constitution for forming a government to take over State
Power and that it will take effective action if it is done so, and that
in the interim period before a government is formed in accordance with a
new firm constitution drawn up according to the desires and aspirations
of the people, the [SLORC] (Tatmadaw) will defend and safeguard--<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(a)
the three main causes--such as the non-disintegration of the Union,
non-disintegration of national solidarity and ensuring perpetuity of the
sovereignty;<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(b)
of the four main tasks mentioned in the [SLORC] Declaration No 1/88 such
as the prevalence of law and order, the rule of law, regional peace and
tranquillity, ensuring safe and smooth transportation and communication,
easing the food, clothing and shelter problems of the people and holding
Multi-Party Democracy General Election, the first three main tasks (with
the exception of the task of holding the multi-party democracy general
election) and <br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>(c)
the task of bringing about the development of the national races of
Myanmar Naing-Ngan.<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;&nbsp;&nbsp;&=
nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&n=
bsp;&nbsp;&nbsp;</x-tab>By
order,<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>&nbsp; Sd. Khin=
 Nyunt<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;&nbsp;&nbsp;&=
nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&n=
bsp;&nbsp;&nbsp;</x-tab>Secretary-1<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab><x-tab>&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>The State Law and Order=
 Restoration Council<br>
<br>
&nbsp;(<i>The</i> <i>Working People's Daily</i>, 29 July 1990) <br>
<br>
***********************<br>
<br>
<br>
<b>SLORC Declaration No. 11/92 of Apr. 24, 1992<br>
<br>
</b>Convening of the National Convention<br>
<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>1. It is=
 hereby declared that the [SLORC], depending on the general situation of the=
 country, will presently carry out the following measures:<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>&nbsp; (a) Of=
 the persons arrested and detained politically, those for whom there are no=
 reasons to endanger the security of the State, will be released=
 promptly;<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>&nbsp;=
 (b)&nbsp; It accordance with the [SLORC] Declaration No 1/90, dated the=
 27th July, 1990, the [SLORC] will, in respect of the convening of the=
 National Convention, meet and co-ordinate, within two months, with the=
 leaders of the Hluttaw Representatives of political parties existing=
 lawfully and individual Hluttaw Representatives;<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>&nbsp; (c)=
 The [SLORC] will convene the National Convention within six months in order=
 to lay down the basic principles for the drafting of a firm and stable=
 Constitution, after meeting and co-ordinating as mentioned in sub-clause=
 (b) above;<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>2. The=
 [SLORC] will declare further future programmes in accordance with the basic=
 principles laid down at the National Convention.<br>
<br>
<x-tab>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</x-tab>By Order,=
 (Sd) Khin Nyunt....<br>
 .c.:Gen. Than Shwe Comm.-in-Chief<br>
<br>
</font><i>&nbsp;<font face=3D"Courier New, Courier">(The</i> <i>Working=
 People's Daily</i>, 25 April 1992) </font></html>

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